Employment Relations (Flexible Working) Bill (First sitting)

Debate between Tulip Siddiq and Yasmin Qureshi

Committee stage
Wednesday 7th December 2022 Public Bill Committees

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

I beg to move amendment 1, in clause 1, page 2, line 19, at end insert—

“(6A) The Flexible Working Regulations 2014 are amended as follows.

(6B) For Regulation 3 substitute—

‘3. An employee is entitled to make a flexible working application from the day on which they start work.’”

It is a pleasure to serve under your chairmanship, Mr Davies. Before I talk about the amendment, I want to spend one minute paying tribute to my hon. Friend the Member for Bolton South East, not just for her relentless campaigning on flexible working, which she started doing even before she came into the House in 2010, because she is a barrister by trade—everyone knows the working hours for barristers—but for her campaigning on Primodos, for the Rohingyas and on community pharmacies. She is the kind of MP who is needed in opposition, because she holds the Government to account. I am really pleased to say that she has had cross-party support on flexible working, which is such an important topic for all of us, especially after the pandemic.

In 2019, the Government committed to consulting on flexible working. We learned a lot of new things from the consultation, but we knew a lot of the points about how flexible working benefits older workers, carers, parents and disabled workers. The document for the consultation that the Government commissioned went as far as to say that

“flexible working is a key part of the Government’s ambition to build back better, ensuring that our flexible labour market is primed for the opportunities and challenges of the post-Covid-19 economy.”

It also put forward some important recommendations on areas for improvement—most notably, to the 26-week qualifying period before a new employee can make a flexible working request.

When I tabled my amendment, I wanted to suggest that we make it a right for all workers to be able to request flexible working from their first day in a job. That would mean that employees would not have to wait the current 26 weeks to make a request, and it would do more to ensure that flexible working becomes something that everyone can enjoy and to which everyone has the right, not just a privileged few. I was therefore very pleased to see that the Government had obviously listened to me, because they are planning to introduce measures through secondary legislation that will give employees the right to request flexible working from the moment that they start a job. I welcome that wholeheartedly, as it will make a huge difference to employees across the country.

I seek a couple of clarifications and answers from the Minister, as I have him in front of me. Most importantly, when does he expect the measures that I mentioned to be introduced, and through what legislative mechanism does he think they can be introduced? Also, have the Government considered that workers might want to know what flexible working arrangements are available in a role before they start or to put in a request before the first day, and will the new legislation reflect that? I am sure that the Minister has seen the survey by Timewise that found that just three posts in 10 are advertised as offering any form of flexible working. That is despite the Government’s own consultation finding that 97% of those asked said that having flexible working options in job adverts would help them to apply for the job.

This is an important step in the right direction. I applaud the Government for supporting it. However, it clearly is not enough, because too many requests for flexible working arrangements are turned down. I have heard that at first hand from constituents. Also, for my sins, I am part of a group called West Hampstead Mums. At the mothers’ group meetings, there was always talk about how people would not even bring up the subject with their bosses because they were worried about being discriminated against or overlooked for positions if they asked about flexible working, which is their right. Will the Minister comment briefly on that culture that means that mothers, women, disabled workers and others do not feel that they can even ask their employers for flexible working?

When I introduced my ten-minute rule Bill on the same topic, I looked at how employers have the right to turn down requests for flexible working on a whim. There are very few solid, good reasons that they have to give for turning down flexible working requests. Will the Minister comment on that? Do the Government plan to deal with the fact that too many such requests are rejected? I am sure the Minister is aware that one in three requests for flexible working arrangements are turned down for no good reason, as I mentioned.

If we want to make flexible working a reality for everyone in this country, which is why we are all here today, we must go further. Employees should be aware of what kind of flexible working is available in every role before they apply and of whether they can challenge their bosses if they are told that their flexible working request has not been granted without good reason.

I support my hon. Friend the Member for Bolton South East and the Government, but will the Minister clarify those few important points? That will enable us to put the amendment and the legislation into practice to benefit women, disabled workers, carers and particularly working mothers across the country.

[Yasmin Qureshi (Bolton South East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Davies. I rise to speak in support of the amendment.

I was successful in the private Members’ Bill ballot and at my first meeting with departmental officials, many of whom are present in the Committee Room, I raised the issue that flexible working should be a day one right that should be enshrined on the face of the Bill. However, we have now been promised that that will be done in secondary legislation. Will the Minister confirm that?

We need to make it clear to everyone that flexible working will be a day one right. From conversations with pressure groups and campaigners, I know people are saying, “Well, the words ‘day one’ are not on the Bill itself.” I have explained to them why that is the case, but I seek clarification from the Minister about that.

I thank my hon. Friend the Member for Hampstead and Kilburn for tabling the amendment and for her ten-minute rule Bill, which came long before my private Member’s Bill. She has campaigned tirelessly for flexible working. I thank her for that and for the kind words she said about me.

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kevin Hollinrake)]

It is a pleasure to serve with you in the Chair, Mr Davies.

I thank the hon. Member for Hampstead and Kilburn for drawing the Committee’s attention to an important point that I was going to address in my main speech, but I am happy to address it now. The good news is that we are in violent agreement about the day one right. As she will know, last year the Government consulted on a range of measures to support the uptake of flexible working arrangements, including whether to remove the existing 26-week qualifying period and make the right to request flexible working a day one right. We published that consultation on Monday. The response explains that the Government will give the right to request flexible working to all employees from the first day of employment. Indeed, we made that commitment in our 2019 manifesto, so we agree that it is the right thing to do.

The hon. Member for Hampstead and Kilburn raised a number of points that I will cover in my main speech, but I am happy to address them now. On timescales, the legislation should pass through both Houses during the course of next year, taking effect in 2024 in order to give businesses time to adapt. On the number of requests granted, according to our research 83% of requests are granted and fewer than one in 10 are refused—that is the information we have.

The hon. Lady asked about adverts. Employers may well use adverts to promote a position that is flexible, and we would encourage them to do that. We see this legislation as key to getting people back into work, particularly those who have left their workplace and are considering returning. To us, that should be an option for the particular employer. Certainly, it is our intention that the right to request flexible working should become well known and therefore become a discussion point between employers and employees for any role, not just for jobs that may be advertised as flexible.

Employment Relations (Flexible Working) Bill

Debate between Tulip Siddiq and Yasmin Qureshi

Friday 28th October 2022 Commons Chamber

[Yasmin Qureshi (Bolton South East) (Lab)]

I beg to move, That the Bill be now read a Second time.

It is a pleasure to introduce the Bill, having come ninth in the ballot. I must begin by thanking my hon. Friend the Member for Easington (Grahame Morris), who is not currently in the Chamber. For some reason I saw him about three times during the day on which the ballots were being carried out, and on each occasion he asked me, “Have you put your name down for the ballot?” I have been a Member of Parliament for 12 years. In every one of those years I used to put my name down, and of course I never came anywhere near the possibility of getting a Bill through, so I really must thank my hon. Friend for all his encouragement.

I also want to thank the Ministers with whom I have been dealing over the last few months—the Minister of State, Department for Levelling Up, Housing and Communities, the hon. Member for Sutton and Cheam (Paul Scully), who is no longer present, and the Under-Secretary of State for Business, Energy and Industrial Strategy, the hon. Member for Watford (Dean Russell), who represents my old home town—and to welcome the new Minister, hon. Member for Thirsk and Malton (Kevin Hollinrake), to his post. I also want to place on record my thanks to the ministerial team at the Department for Business, Energy and Industrial Strategy for all their help and support. I want to mention two names in particular, Matthew Wootton and Tony Mulcahy.

I know that some colleagues today may have a personal interest in flexible working, and I hope that they will contribute to the debate. This is an important issue, because flexibility in the workplace is no longer just a perk or a “nice to have”. For many it is a lifeline, because it offers a much-needed pathway into the labour market and allows those with caring responsibilities to save on childcare costs by “flexing” their working patterns.

Let me start by talking about the importance of flexible working from the employee’s perspective. Many Members of Parliament, including me, were fortunate enough to be able to work from home during the pandemic, and we may appreciate the benefits of flexible working more than most. When we plugged ourselves into our online meetings each day, it meant that we could carry on, and fulfil the demands of our job, by being virtually connected to this Chamber; to our constituents in virtual advice surgeries, or to meetings with charities and other organisations. Even before the pandemic, however, many of us enjoyed a certain degree of flexibility in how we managed our diaries. Constituents have told me that working from home made them feel much more connected to their children. Many mothers—and fathers—were relieved not to have to be late collecting their children from school each day. Working from home also made life easier for carers who, like me, were looking after a chronically unwell family member.

During the pandemic millions of people benefited from flexible working, and I think we all recognise that this is a good position to be in. However, in many jobs there are still invisible restrictions that hold people back—for instance, the need to live in high-cost accommodation close to the centre of cities, or to maintain working arrangements that are hard to combine with family or other responsibilities. Recent research conducted by the charity Working Families shows that three in 10 UK parents are working in jobs that are below their skill levels because they cannot find the flexibility they need elsewhere. That is a massive waste of talent.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

My hon. Friend is making an important speech on an issue that I am passionate about. She will know that we as a country are in the midst of a mental health crisis that, in addition to destroying lives, is costing the UK economy about £100 billion a year. The evidence, which I am sure she has looked at, shows that flexible working brings mental health benefits as well as wellbeing to employees. Can she elaborate on whether she thinks the Bill contains benefits not only for public health but for the economic development of our country?

[Yasmin Qureshi]

I thank my hon. Friend for her intervention. I acknowledge the sheer amount of work that she has been doing on the issue for many years, and I thank her for that. I will come on to the economic benefit of flexible working and how much we lose out by not doing so. Mental health is an issue that is becoming more a feature of our daily lives and in society.

It is important to remember that flexibility is far more than hybrid working. It covers job shares, reduced or compressed hours, flexitime, and even phased retirement. Offering flexibility to balance work and home life can be key to ensuring progression in the labour market and to opening up employment and promotion opportunities to everyone, regardless of their gender, age, disability or location.

In the last few months, I have met a number of charities and organisations that represent thousands of members who are affected by flexible working—or rather, the lack of it. For example, the Multiple Sclerosis Society shared numerous cases of how flexible working has benefited people with MS. I learned about Trishna, who lives with MS and has found that having good, flexible working policies from her employer means that she is able to stay in work longer. Flexible working means that she can work from home with flexible hours and can manage her workload around her fatigue. She can start work early and finish early when she needs to, and can bank hours for days when she does not have the energy or strength to work.

Although more people have been able to work flexibly since the start of the pandemic, some have not been able to work in that way despite wanting to, even though there is often no good reason for the employer not to let them. That has serious consequences for women and families in particular, and for those with childcare commitments.

I recently met an organisation called Pregnant Then Screwed, which shared a large volume of shocking cases where women had been affected by the lack of flexible working opportunities. In one case, a mother shared:

“I had to leave my job after maternity…because my job didn’t support flexible working and I was unable to find another suitable part-time role in the company.”

She says that, to her detriment, it meant that she had to leave her career and it affected her mental health. She

“became a stay-at-home mum, putting huge pressure on my husband to pay for our household on one income”.

That is really unfortunate, because statistics show that if women can access flexible working, they are twice as likely to stay in that job and continue with their careers while having children and a family life.

Men’s ability to access flexible working is just as important. The statistics show that women are twice as likely to excel in their career if their husband is helping with the childcare. Younger families, single parents and lower earners were hardest hit financially during the pandemic and again now we have the cost of living crisis. In a recent survey, the charity Working Families found that 60% of those who took part said that it is financially harder to raise a family now than it was three years ago. That makes it more urgent than ever for people to have access to flexible working.

[Tulip Siddiq]

As my hon. Friend says, this issue is close to my heart and I am glad she has cited the work of Pregnant Then Screwed, which has done valuable research on this topic. She will know that one in three requests for flexible working is turned down. Will she elaborate on the fact that we need to change the legislation, but also the culture of the workplace so that employees, especially mothers who are trying to look after their children and go to work at the same time, feel they can ask their employers for flexible working?

[Yasmin Qureshi]

My hon. Friend anticipates something I will touch on in my speech relating to the financial side. In fact, I was just about to come on to the point that flexible working is good not just for employees, but for employers and the wider economy. By removing invisible restrictions, flexible working fosters a more diverse workspace. The evidence shows that that leads to improved financial returns for businesses. McKinsey points out that by fully utilising women in the UK economy, we would be adding £150 billion to our economy by 2030. Therefore, widening flexible working is very important for employers, too. It has also been shown that workers who have more flexibility are more motivated at work and are more likely to stay with a particular employer.